The freshman unexpectedly received a million dollars, and faced life imprisonment without spending 1 cent, and the sentence was commuted to 8 years for 5 appeals in 8 years
He Peng, a freshman, accidentally found an extra 1 million yuan in his bank card on the way to chase living expenses, and this seemingly incredible experience triggered an extraordinary lawsuit. Faced with the tempting amount of money, he chose to take some of it without spending a penny, but returned it when the police came to the door. Unexpectedly, he fell into a whirlpool of entangled lawsuits. The court of first instance sentenced He Peng to life imprisonment for credit card fraud, which was finally commuted to 8 years in prison after 8 years and 5 appeals.
On the evening of March 2, 2001, when He Peng was withdrawing his living expenses, he found that there was an extra 1 million yuan in his bank card, and he chose an extraordinary way to deal with this unidentified huge amount of money - to take away a part of it. This seemingly ordinary behavior actually involved him in a legal whirlpool.
In the face of the mistakes of the banking system, He Peng tentatively withdrew 429,700 yuan, but did not spend a penny, and hid the windfall at home. However, as the police came to the door, he did not hesitate to return the money. What was supposed to be an act of kindness became the beginning of his nightmare.
【Conviction for Theft】The court convicted He Peng of credit card fraud and held that his actions constituted theft. Although the police later determined that the banking system was faulty, He Peng, who had been caught in the maelstrom of the law, was eventually sentenced to life in prison.
[8 years of appeal] He Peng was unwilling to accept this unreasonable verdict, appealed 5 times, and after 8 years of twists and turns, finally ushered in a change of judgment. In the end, the court ended the tortuous lawsuit with a sentence of 8 years in prison.
In this lawsuit, although He Peng's choice was illegal and criminal, his original intention was to try to figure out the origin of this huge amount of money. Failures in the banking system are at the root of the lawsuit and complicate what is not illegal. The court's verdict sparked controversy, whether He Peng should bear criminal responsibility for the crime of theft?
Reflections and Expectations: This story provokes reflections on the application of the law. In today's rapid development of science and technology, the law should pay more attention to humanization and rationality when dealing with problems caused by technological failures. He Peng's experience has become a point of reflection, and I hope that the verdicts of similar cases in the future will be more in line with the principle of proportionality of crime and punishment.
【Conclusion】There will be no pie in the sky, and He Peng's story is a double test of the temptation of money and the application of the law. The experience of this ordinary freshman has become a reflection of society on the fairness of the rule of law. In this ordinary and extraordinary story, we see the indifference of the law and the ruthlessness of life.